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City Council Minutes Page 6 <br />April 17, 2017 <br />----------------------------- <br /> Mayor Dietz opened the public hearing. There being no one to speak to this issue, <br />Mayor Dietz closed the public hearing. <br /> <br /> Attorney Beck explained staff has been dealing with Forterra on this issue but <br />received an email today from Pipe Portfolio indicating they may have concerns with <br />language in the utility easement document. He recommended the City Council <br />approve the requests before them this evening with the understanding the easement <br />document may come back before Council if there are issues. <br /> <br /> Moved by Councilmember Westgaard and seconded by Councilmember <br />Wagner to adopt Resolution 17-19 vacating utility easements with the <br />understanding the resolution will not be recorded until a replacement <br />easement document is in place. <br /> <br /> Motion carried 5-0. <br /> <br /> Moved by Councilmember Westgaard and seconded by Councilmember <br />Wagner to adopt Resolution 17-20 to quit claim deed a portion of a vacated <br />right-of-way. <br /> <br />Motion carried 5-0. <br /> <br />Moved by Councilmember Wagner and seconded by Councilmember <br />Westgaard to approve the new Grant of Permanent Easements Agreement <br />and authorize staff to make minor changes to legal descriptions as needed. <br /> <br />Motion carried 5-0. <br /> <br />Moved by Councilmember Olsen and seconded by Councilmember <br />Westgaard to approve the Utility and Ingress Access Easement Agreement <br />connecting Quinn Avenue and the city water tower property and authorizing <br />staff to make minor revisions as needed with substantive changes coming <br />back to Council. <br /> <br />Motion carried 5-0. <br /> <br />Councilmember Ovall questioned if liability insurance limits are appropriate for use <br />of the city water tower property. Attorney Beck stated he will discuss with Elk River <br />Municipal Utilities staff and increase if necessary. Mr. Beck indicated he would like <br />Council authorization to increase the limits if necessary and bring back to Council if <br />Forterra has an issue. The Council agreed. <br /> <br />Moved by Councilmember Westgaard and seconded by Councilmember Ovall <br />to approve the License Agreement granting Forterra (Pipe Portfolio) <br />permission to store materials and park on portions of the city-owned water <br />tower property and direct the city attorney to check with Elk River Municipal <br />Utilities to insure insurance limits in the agreement are appropriate. <br /> <br />